Common use of Contract for Servicing; Possession of Servicing Files Clause in Contracts

Contract for Servicing; Possession of Servicing Files. The Seller, by execution and delivery of this Agreement, does hereby contract with the Servicer, subject to the terms of this Agreement, for the servicing of the Securitized Loans. On or before each Closing Date, the Seller shall cause to be delivered to the Servicer or to the Sub-Servicer the Servicing Files with respect to the Securitized Loans listed in the schedule attached to the applicable Transfer Notice. Each Servicing File delivered to the Servicer shall be held in trust by the Servicer for the benefit of the Trust; provided, however, that the Servicer shall have no liability for any Servicing Files (or portions thereof) not delivered by the Seller. The Servicer's possession of any portion of the Securitized Loan documents shall be on behalf of the Trust for the sole purpose of facilitating servicing of the related Securitized Loan pursuant to this Agreement, and such retention and possession by the Servicer shall be in a custodial capacity

Appears in 4 contracts

Samples: Servicing Agreement (Thornburg Mortgage Securities Trust 2007-2), Servicing Agreement (Thornburg Mortgage Securities Trust 2007-1), Servicing Agreement (Thornburg Mortgage Securities Trust 2006-6)

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Contract for Servicing; Possession of Servicing Files. The Seller, by execution and delivery of this Agreement, does hereby contract with the Servicer, subject to the terms of this Agreement, for the servicing of the Securitized Mortgage Loans. On or before each the Closing Date or Servicing Transfer Date, as applicable, the Seller shall cause to be delivered to the Servicer or to the Sub-Servicer the Servicing Files with respect to the Securitized Mortgage Loans listed in on the schedule attached Mortgage Loan Schedule to the applicable Transfer NoticeServicer. Each Servicing File delivered to the a Servicer shall be held in trust by the such Servicer for the benefit of the TrustTrustee; provided, however, that the Servicer shall have no liability for any Servicing Files (or portions thereof) not delivered by the Seller. The Servicer's possession of any portion of the Securitized Mortgage Loan documents shall be on behalf at the will of the Trust Trustee for the sole purpose of facilitating servicing of the related Securitized Mortgage Loan pursuant to this Agreement, and such retention and possession by the Servicer shall be in a custodial capacity

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pass Thru Ser 2004-5h)

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